How Federal Subpoenas Are Different in Civil vs. Criminal Cases

How Federal Subpoenas Are Different in Civil vs. Criminal Cases

When it comes to the legal system, subpoenas can seem super confusing. Basically, a subpoena is when the court orders someone to show up and testify or hand over evidence. There are two main types – civil and criminal. Civil subpoenas are used in lawsuits between people or companies. Criminal ones are for investigating crimes and prosecuting cases.

While subpoenas are involved in both civil and criminal cases, there are some key differences to understand. This article will break it down so you get why the two types of subpoenas aren’t the same. We’ll look at how they work, who issues them, what they cover, and more – including how to fight back if you get one!

What’s a Subpoena For?

First, what’s the point of a subpoena in the first place?

– Civil subpoenas help the parties in a lawsuit get evidence they need to prove their case – things like documents, testimony at a deposition, or having someone testify at the actual trial. They help develop claims and defenses.

– Criminal subpoenas help investigators and prosecutors build their case against the defendant. They get used during investigations by grand juries, and after someone’s been charged, to collect evidence for trial.

Who Can Issue Them?

Here’s a big difference – who actually issues or approves subpoenas in civil vs. criminal cases.

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– In civil cases, the attorneys can issue subpoenas themselves without court approval. They have authority as officers of the court.

– But for criminal subpoenas, the court itself has to approve them. A judge, magistrate, or the clerk of court is the one to actually issue the subpoena. Prosecutors have to make a request and get the OK.

Where They Apply

Civil subpoenas usually only work within the court district or within 100 miles of where the trial will happen. They have pretty narrow geographic scope.

But criminal subpoenas can be served anywhere in the U.S. or its territories. There’s no geographic limitation like with civil cases. The U.S. Marshals Service can serve them across state lines.

What They Cover

Both civil and criminal subpoenas can demand documents, physical evidence, and testimony. But there are some differences in what exactly they dig into.

– Civil subpoenas tend to cast a wider net for evidence. The parties are trying to gather as much as they can to build their most convincing case.

– Criminal subpoenas have a more narrow focus – they look for specific info relevant to the alleged crime. Prosecutors have to show why each piece of evidence matters.

Complying with Subpoenas

Now, say you get served with a subpoena – you have to comply, or else you could face penalties!

If you don’t follow a civil subpoena, you may be held in contempt of court and have to pay fines or damages.

Ignoring a criminal subpoena can lead to criminal contempt charges and even jail time. The penalties for blowing off a criminal subpoena tend to be more severe.

Fighting Back Against Subpoenas

Getting a subpoena doesn’t mean you’re automatically stuck complying with it. There are ways to challenge or limit them.

– For criminal subpoenas, you can argue the request is overly broad, irrelevant to the case, or unreasonably burdensome. But it’s tougher to fight these than civil subpoenas.

– With civil subpoenas, you can more easily claim it’s too burdensome or irrelevant. The court may quash or modify it.

So while you can battle both kinds, it’s generally easier to fight civil subpoenas and get them weakened or thrown out altogether.

Other Differences

A couple other quick differences:

– Civil cases involve a lot more exchanges of evidence before trial (discovery). Criminal cases have fairly limited pre-trial discovery.

– Prosecutors rely heavily on subpoenas to build their criminal case. But civil attorneys use them as just one of many discovery tools.

– Getting subpoenaed as a witness in a criminal case can be scarier since someone’s freedom is on the line. The stakes feel higher.

The Bottom Line

While subpoenas come up in both civil litigation and criminal prosecution, they aren’t handled the same. Criminal subpoenas face a higher bar for getting approved but are tougher to defeat once issued.

Knowing the differences in scope, purpose, and legal options can be a big help if you ever end up on the receiving end of one. This overview covers the key distinctions between civil and criminal federal subpoenas.